The Fatwa Position Of Dsn-Mui In The National Banking System

Abstract

The fatwa of DSN-MUI does not fit into the hierarchy of legislation. Therefore, it is necessary to conduct a research to know the fatwa position of the DSNMUI in the national banking system. This research proposed to understand the fatwa position of the DSN-MUI inthe national banking system and comprehend the rules and the principles in determining the fatwa of DSN-MUI. Results show that the Fatwa Status of DSN-MUI is as a source of sharia economic law. This refers to the Understanding of Sharia Principles in that Constitution that have the authority in determining the fatwa in the Islamic fields. The rules used by DSN-MUI in determining fatwas include al-muhâfadzah bi al-qadîm al-shâlh wa al-akhdzu bi al-jadîd al-ashlahandal-ashlu fî al-mu’âmalât al-ibâhah hatta yadullah dalîl ‘alâ altahrîm. Basically all muamalah practices is permitted, except there is a proposition that forbid it. Besides that, the ulamas adhere to the main principles of muamalah, namely the principle of riba free, gharar, tadlîs, and maysir.